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2714 Results

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2024.02.13 Motion for Summary Adjudication 870
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.13
Excerpt: ...era's motion to summarily adjudicate his Private Attorneys General Act ("PAGA") cause of action is denied. Under CCP 437c(f)(1), "[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action." (See also Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 242 ["A determination of liability alone does not completely dispose of the cause of action"].) Here, Viera fails to present eviden...
2024.02.08 Motion to Dismiss 731
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.08
Excerpt: ...t of the March 11, 2024, trial date. Defendants were aware that plainti¯ consulted with counsel regarding the o¯er on May 5, 2022, but did not diligently pursue the issue. (Aburish Decl. par. 2, Ex. A [Aburish email 5/5/2022 at 5:11 p.m.].) Rather, defendants actively litigated the case. (See Trident Labs, Inc. v. Merrill Lynch Commercial Finance Corp. (2011) 200 Cal.App.4th 147 [unreasonable to enforce forum selection clause after 19 months ...
2024.02.08 Demurrer 056
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.08
Excerpt: ...ciÞc facts showing how the injury occurred, but there are limits to the generality with which a plainti¯ is permitted to state his cause of action" (Berkley v. Downs (2007) 152 Cal.App.4th 518, 527 [internal quote marks omitted].) This FAC exceeds those limits. Plainti¯s' own statement of their case makes the Berkley point. The Giants are said to have "operated the bubble soccer game in a negligent manner." How? The Giants are said to have ...
2024.02.08 Application for Good Faith Settlement Determination 360
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.08
Excerpt: ...s application for good faith settlement determination" is denied. Frost was a minor player in this construction defect dispute. He was paid $13,600 for preparing a "settlement su¯iciency analysis." (Oliveira Dec. 3:17-18.) He settled with plainti¯ for $50,000 in a negotiation supervised by a respected mediator. (Id. at 3:20-22.) The settlement's good faith is further supported by declarations from plainti¯'s and Frost's counsel. As is typic...
2024.02.07 Motion to Compel Further Discovery Responses, for Monetary Sanctions 932
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.07
Excerpt: ...Awarding Monetary Sanctions Pro Tem Judge Tom Cohen, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge ...
2024.02.07 Motion for Protective Order, for Monetary Sanctions 048
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.07
Excerpt: ...or $7000.00 In Monetary Sanctions Against Defendant Blue Note Therapeutics Inc Defendant Geo¯ Eich And Their Counsel Gordon Rees Scully Mansukhani Llp Pro Tem Judge Tom Cohen, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may...
2024.02.06 Demurrer, Motion to Strike 133
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.06
Excerpt: ...because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the SAC sufficiently identifies which rules apply to which plaintiff at paragraphs 130-133. Plaintiffs have therefore cured the uncertainty that was present in the First Amended Complaint and discovery can alleviate any ambiguity that defendant presently perceives. For the 9:30 a.m. Law & Motion cal...
2024.02.06 Demurrer 780
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.06
Excerpt: ...they can do so in good faith. The FAC pleads that plainti¯s' decedent was killed in a high-speed tra¯ic collision while defendant Andrew Burgher was drunkenly driving for Uber Eats and that Checkr performed a faulty background check on Burgher for Uber. (See, e.g., FAC 15:17-17:2, 23:20-24:5.) Negligence. Burgher has a criminal history including two driving under the inßuence convictions not mentioned in Checkr's background report. (See, e.g...
2024.02.01 Motion for Summary Judgment, Adjudication 635
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.02.01
Excerpt: ...initial burden of production and show that defendants did not breach the standard of care, nor did they cause injury to decedent. (Madden Decl., Ex. D [Parrett Decl., pars. 1-15].) Indeed, plainti¯ admits that defendants shifted the burden. (Opposition 4:1-10.) When a defendant moves for summary judgment and supports its motion with an expert declaration that its conduct fell within the standard of care, the defendant is entitled to summary jud...
2024.01.31 Motion to Compel Further Production of Docs 694
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.31
Excerpt: ... 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation ma...
2024.01.31 Motion to Compel Destructive Testing 763
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.31
Excerpt: ...o hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If...
2024.01.31 Motion for Terminating, Issue, Evidentiary, and Monetary Sanctions 651
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.31
Excerpt: ...ART 1 OF 4) Pro Tem Judge Philip Ward, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who wi...
2024.01.30 Motion to Compel Further Responses, for Sanctions 140
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.30
Excerpt: ...ions(part 1 of 2) Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro ...
2024.01.24 Motion to Compel Further Responses 299
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.24
Excerpt: ...Federateds Request For Production, Set Three, From Plaintiff A.W. Miller Enterprises, Inc. Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the moton may be heard by the Pro Tem Judge. If all parties to the moti...
2024.01.24 Application for Right to Attach Order, for Issuance of Writ of Attachment 408
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.24
Excerpt: ...arties to arbitration proceedings may apply to the superior court for writs of attachment if, among other requirements, an award to the petitioner "may be rendered ineffectual" without such relief. (CCP 1281.8.) Apparent insolvency or other evidence of severe financial difficulties can satisfy the ineffectual relief requirement. (California Retail Portfolio Fund GMBH & Co. KG v. Hopkins Real Estate Group (2011) 193 Cal.App.4th 849.) This can be i...
2024.01.18 Motion to Waive Posting of Bond 680
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.18
Excerpt: ...court for taking advantage of the San Francisco community's generous social services and then vexaŸously suing the service providers, including individual people. "The vexaŸous liŸgant statutes were enacted to require a person found a vexaŸous liŸgant to put up security for the reasonable expenses of a defendant who becomes a target of one of these obsessive and persistent liŸgants " (Golin v. Allenby (2010) 190 Cal.App.4th 616, 634.)...
2024.01.17 Motion to Set Aside Default and Vacate Default Judgment 138
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.17
Excerpt: ...s previous 'motion to set aside default and leave to defend.' "The name of the motion is not controlling, and, regardless of the name, a motion asking the trial court to decide the same matter previously ruled on is a motion for reconsideration under Code of Civ-l Procedure section 1008." (Powell v. County of Orange (2011) 197 Cal.App.4th 1573, 1577.) A reconsideration motion must be "based upon new or different facts, circumstances, or law" and ...
2024.01.17 Motion for Summary Judgment, Adjudication 633
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.17
Excerpt: ...show that one or more elements of plaintiff's claims "cannot be established." (CCP 437c(p)(2).) On summary judgment, "[t]he moving party's evidence must be strictly construed, while the opposing party's evidence must be liberally construed." (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 831, 838.) To establish her negligence/premises liability causes of action, plaintiff must present evidence of actual or constructive notice of the dangero...
2024.01.16 Motion for Judgment on the Pleadings 540
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.16
Excerpt: ...gment On Part Of The Pleadings, As To Causes Of Acton Numbers One And Two In Plaintiff Third Amended Complaint, Without Leave To Amend And Exhibits 1-6 Requested For Judicial Notice [C.C.P. 438, Et Seq.] California College of the Arts (CCA) moves for judgment on the pleadings as to causes of action 1 and 2 of the third amended complaint (TAC) on standing grounds. The issues raised in CCA's motion (and plaintiffs responses thereto) appear largely ...
2024.01.16 Demurrer 961
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.16
Excerpt: ...s March 23, 2022, order denying petitioner's fee waiver application in a prior case. Defendant Chief Justice Cantil-Sakauye is absolutely immune from a suit for damages allegedly arising out of official court rulings as a matter of law. "The decisions of this state uniformly and consistently grant immunity from civil suit to judges in the exercise of their judicial functions. [citationl That is true even if the acts are in excess of the jurisdict...
2024.01.12 Demurrer to Petition for Writ of Mandate 272
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.12
Excerpt: ...t Wells Fargo was conducting sham interviews of racially and ethnically diverse candidates for job openings that had already been filled. (Petition, Para. 14.) Wells Fargo shareholder Cook sought to investigate. (Petition, Para. 1.) On October 3, 2022, Cook propounded a shareholder inspection demand under California and Delaware aw (Petition, Para. 20.) On August 14, 2023, Cook filed a petition before this court to enforce her shareholder inspect...
2024.01.11 Motion to Seal 525
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.11
Excerpt: ...ired by California Rule of Court 2.550(d), a party moving to seal court records must present "specific enumeraton of the facts sought to be withheld and specific reasons for withholding them (See H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) Here, while portions of 8TlG's complaint are laundry-listed, the specific facts sought to be withheld are not enumerated. Moreover, while broad reasons for withholding documents are also laundry-li...
2024.01.11 Demurrer 479
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.11
Excerpt: ...nt does not comply with this rule. The "allegations" refer to extraneous matters and the complaint contains unnecessary exhibits. The pleading is unintelligible. Defendant contends that plaintiff's action is time-barred, but the court cannot discern whether it is given the pleading's incoherence. Plaintiff has leave to amend to clarify that he is suing defendant for legal malpractice, the precise action/s which support the claim, and when plainti...
2024.01.09 Motion for Sanctions 257
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.09
Excerpt: ...safe harbor requirement of the sanctions statute. CCP 128.7(c)(1) requires "service of the motion' to trigger the safe harbor period. Paragraph 17 of the Drenski declaration states: "On October 18, 2023, Lyft served this Motion upon counsel for Plaintiff, along with a letter requesting immediate withdraw of his second motion for relief. Attached hereto as Exhibit A is a true and correct copy of the October 18, 2023, letter, and Proof of Service."...
2024.01.09 Motion for Entry of Judgment 238
Location: San Francisco
Judge: Department 302
Hearing Date: 2024.01.09
Excerpt: ..."CCP 654.6 enforceable." (Harker Decl„ Ex. A.) The terms of the parties' Long-Form Release, confidentiality, and nan-disparagement agreements are sufficiently definite to be enforced. After entering into their initial settlement, they agreed on the terms of those covenants. (Harker Reply Decl., pars. 6-12.) Plaintiff is entitled to judgment for $147,500: $27,500 against the Sheehan defendants and $120,000 against the Heit defendants. Settling d...

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